Year in Review
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2 0 Year in Review 1Supreme 9 Court of Canada Cour suprême du Canada Find the Visit our Like us on Follow us on Supreme website at Facebook at Twitter at scc-csc.ca facebook.com/ twitter.com/SCC_eng Court of Supreme Canada CourtofCanada online! This was the very first photo ever taken of the current judges together. It was taken in the library of the Winnipeg Law Courts on September 23, 2019. © Supreme Court of Canada (2020) Front cover: Grand Hall, Supreme Court of Canada All photos (except pages 8-9, bottom photo on page 16, left-hand photos on page 17, and page 18): Supreme Court of Canada Collection Photo credits: Pages 4-5: Justices Abella and Côté – Philippe Landreville, photographer | Justice Karakatsanis – Jessica Deeks Photography | Justices Gascon, Brown, and Rowe – Andrew Balfour Photography Page 7: Cochrane Photography Page 8-9: True North Sports + Entertainment The Supreme Court of Canada emblem is a symbol of the Court as the highest judicial Page 16: Senate of Canada institution in Canada. It was designed nearly a century ago by the Page 17 - left side, top: Supreme Court of the United Kingdom distinguished Montreal architect Ernest Cormier, and can be found emblazoned Page 17 - left side, bottom: Embassy of Canada to Japan in the marble floor of the Court’s Grand Hall leading to the Main Courtroom. Page 18: Shannon VanRaes/Winnipeg Free Press As its emblem, it represents the Court’s key values of justice, independence, integrity, ISSN 2562-4776 (Online) transparency, and bilingualism. A Message from the Chief Justice When I became Chief Justice just over two years ago, I committed to making the Court more open and understandable, and to enhancing access to justice for everyone. In 2019, the Court celebrated some important milestones and made meaningful progress toward these goals. In 2019, the Minister of Justice and I signed an Accord to formalize the Court’s relationship to the other branches of the Canadian state. It goes to the heart of our democracy and rule of law. It ensures the Court remains fully independent, and is seen to be independent. This safeguards justice for all Canadians. In September, the Court held hearings outside of Ottawa for the first time in history, in Winnipeg, Manitoba. During this visit, we spoke with Manitobans, answered their questions, and met with several communities recognized in our Constitution. Hundreds of local people got to see the Court in action, as we heard two appeals — one on the right to a trial in a reasonable time, and another on minority language education rights. I hope we can do this in other cities in the future. In 2019, the Court issued an important decision in the area of administrative law. The Court decided as a group that the time had come to bring clarity to this area of law, which affects virtually every part of people’s lives. The resulting decision is meant to make the law clearer and more predictable for everyone. This will have profound effects in the years to come. These accomplishments were all part of being more open and accessible. The annual Year in Review is also part of this. In this second edition, we’ve worked to provide more information in an even more engaging and approachable way. We encourage other courts and tribunals to think about ways that they can do this, too. 2019 brought other changes as well. We said goodbye to our colleague Justice Gascon, who retired in September. At the same time, we welcomed Justice Kasirer to our bench. Happy reading! Sincerely, Rt. Hon. Richard Wagner, P.C. Chief Justice of Canada The official photo of the judges of the Supreme Court 2019. November Canada, of the judges Supreme of official photo The 2019 by the Numbers 1 The Judges of the Supreme Court of Canada 4 Canada’s Highest Court 6 Accord to Strengthen the Independence of the Supreme Court of Canada 7 #SCCinWinnipeg 8 A New Administrative Law Framework 14 A Court for all Canadians 16 Caseload 22 Decisions 26 Ten-Year Trends 30 20192019 by the byNumbers the Numbers In 2019, the Supreme Court of Canada… In 2019, the Supreme Court of Canada... N OT I C E received 517 received 25 applications for leave notices of appeal as of right (permission) to appeal (not needing permission) granted 36 applications for leave heard 69 appeals heard from and 148 main parties 241 interveners issued 67decisions 1 (deciding 72 cases) 2 3 The Chief Justice Richard Wagner Born: 1957 (Montreal, QC) Judges Appointed: 2012 (Quebec) Appointed as Chief Justice: 2017 of the Law school: University of Ottawa Supreme Years on the bench*: 14 Court of Justice Rosalie Silberman Abella Born: 1946 (displaced persons camp in Stuttgart, Germany) Canada Appointed: 2004 (Ontario) Law school: University of Toronto Years on the bench*: 44 Nine judges sit on the Supreme Court of Canada, including the Chief Justice. By law, three judges have to be from Quebec. This is because Quebec applies civil law for many Justice Michael J. Moldaver non-criminal issues, which is very different Born: 1947 (Peterborough, ON) from the common law applied in the rest of Canada. By tradition, three judges are from Appointed: 2011 (Ontario) Ontario, two are from Western Canada, Law school: University of Toronto and one is from Atlantic Canada. Years on the bench*: 30 A minimum of five judges must hear each appeal, though there are usually seven or nine (it has to be an odd number to avoid a tie). Justice Andromache Karakatsanis Born: 1955 (Toronto, ON) In 2019, Justice Clément Gascon retired and Justice Nicholas Kasirer was appointed in his Appointed: 2011 (Ontario) place. Law school: Osgoode Hall Years on the bench*: 18 Did you know? Judges at the Supreme Court of Canada have two sets of robes. They wear black robes to court when they hear cases. Red Justice Suzanne Côté robes are worn for more formal occasions, like welcome ceremonies for new judges Born: 1958 (Cloridorme/Gaspé Peninsula, and the Speech from the Throne. The red QC) robes are passed down from one judge to Appointed: 2014 (Quebec) the next, and tailored to fit. Like lawyers, Law school: Laval University judges also wear white tabs at their necks, though these may sometimes be covered by Years on the bench*: 5 the larger red robes. 4 Justice Russell Brown Born: 1965 (Vancouver, BC) Appointed: 2015 (Alberta) Law school: University of Victoria (master’s and doctorate: University of Toronto) Years on the bench*: 7 Justice Malcolm Rowe Born: 1953 (St. John’s, NL) Appointed: 2016 (Newfoundland and Labrador) Law school: Osgoode Hall Years on the bench*: 20 Justice Sheilah L. Martin Born: 1957 (Montreal, QC) Appointed: 2017 (Alberta) Law school: McGill University (master’s: University of Alberta, doctorate: University of Toronto) Years on the bench*: 14 Farewell, Justice Gascon Justice Nicholas Kasirer “Justice Gascon has made a significant contribution to Canada and to Canadian Born: 1960 (Montreal, QC) jurisprudence during his judicial career. His Appointed: 2019 (Quebec) thoughtful, rigorous, and collegial approach Law school: McGill University (master’s: has always helped us get to the heart of Université Paris I (Panthéon-Sorbonne)) the most complex issues. He has served Years on the bench*: 10 Canadians with integrity and wisdom. All of his colleagues will miss his commitment and friendship.” Justice Clément Gascon - Chief Justice Wagner Born: 1960 (Montreal, QC) Appointed: 2014 (Quebec) Retired: September 15, 2019** Law school: McGill University Years on the bench*: 17 *All court levels, as of 2019. 5 **Retiring judges may continue to work on cases they heard for six months after stepping down. Canada’s Highest Court An Independent and Impartial Institution The Supreme Court of Canada is the final court of appeal for the whole country. It hears appeals from the Courts of Appeal of all provinces and territories, the Federal Court of Appeal, and the Court Martial Appeal Court of Canada. In rare cases, when there isn’t a right to appeal somewhere else, the Supreme Court can hear appeals from other courts. The Supreme Court is independent and impartial. It only hears cases that are particularly important to the public. It helps develop Canadian law and makes sure laws are applied clearly and fairly across the country. The Supreme Court is the only bilingual (two languages) and bijural (two legal systems) supreme court in the world. It hears and decides cases in English and French. It deals with cases from Canada’s two major traditions — common law (based on English law) and civil law (based on the French civil code, applied for most non-criminal matters in Quebec). The judges in the Judges’ Conference Room, where deliberations take place. 6 Accord to Strengthen the Independence of the Supreme Court of Canada Under the Constitution, Canada has three separate and equal branches of state. The executive branch (the Prime Minister and Cabinet) decides policy. The legislative branch (Parliament) makes and passes laws. The judiciary (the courts) interprets laws once they are passed. It is important for the rule of law, and for the public trust, that each of these branches act within its proper role. This helps keep our democracy in balance. Because of this, it is important for courts to be independent, and be seen to be independent. In July 2019, the Chief Justice and the Minister of Justice signed an Accord aimed at recognizing and reinforcing the independence of the Supreme Court of Canada. The Accord sets out the relationship between the Chief Justice and the Minister of Justice and Attorney General of Canada, as well as between the Court’s administration and government departments.